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Regarding the node boundaries, he said, "I want to honor the work of the Planning Commission if I can, but I also want to honor the work of the planning group."
Leonard departed from this track a few minutes later with an amendment to allow 70 percent of street frontages to be auto uses. Neighborhood residents on the stakeholders committee had called for a maximum 30 percent frontage; the 50 percent figure had been a compromise.
Danny Drake of LRS Architects, who has worked for the Tonkins, pushed the proposed maximum setback change from 20 feet to 24 and said a 20-foot space was too small to maneuver a vehicle into. Manning disagreed. Leonard and the council accepted Drake's proposal without comment.
Staff had recommended several re-zonings. However, as Planner Joe Zehnder pointed out, Leonard's proposal affected an area on the west side of the avenue near the transit station where housing development is deemed appropriate, and where re-zoning hadn't been discussed in the study. Moreover, he said, it would appear to violate the city's No Net Loss housing policy, which calls for the inventory of land reserved for housing to be either preserved or replaced.
To this Commissioner Erik Sten replied, "The No Net Loss policy has outlived its usefulness."
Proponents of the staff recommendations, mainly members of the Hazelwood Neighborhood Association, argued for the proposals as approved by the Planning Commission. Barbara Harrison said the association "wants to keep 122nd from becoming auto row. We want the best interests of other and future businesses to be considered. And we think the residents living in Hazelwood need to be considered in crafting the regulations.
Mid-county neighborhood activist and Hazelwood Land Use Chair Linda Robinson told the council, "We urge you to adopt this as forwarded, and it's important to keep the size of the nodes. We're not trying to drive the dealerships out; we're trying to accommodate them and other businesses."
Hazelwood Chair Arlene Kimura said that the planning process had resulted in "a very difficult compromise. I know the dealers want adjustments, but the neighborhoods didn't get everything they asked for either. I feel we should support the process."
Phil Selinger of Tri-Met said, "I would characterize the proposals as reasonable. Few areas are as accessible to public transit as this one. On the other hand, there's a long history of auto dealerships. Enhancement of the pedestrian environment is critical. I support the overall recommendations as a reasonable compromise."
On the other side, several Tonkin employees who live in the area testified. One, Ali Rahima, said, "It's a great mistake to differentiate between business and the community. If business grows, the neighborhood will too." He argued that exterior display attracted people who didn't have time to hunt for cars they liked.
Tonkin also received support from two pillars of the community. Joe Rossi of Rossi Farms, whose annual Barn Bash benefit has Ron Tonkin sponsors, said, "I'm overwhelmed with sadness at what I'm hearing. The Tonkin family is well known for supporting nice things in the community. Increased regulatory burdens raise the cost of what we do. I can't see how this will help anyone. If this was bare property it would sound great, but we're dealing with something that's existed for a long time and doing great."
Bonny McKnight of Russell, one of Mid-Multnomah County's foremost neighborhood advocates, took a position that was ambiguous and seemed to side with Tonkin. To call this a pedestrian-oriented area is "not reality," she said. "There's no plan to get us from where we are today to where we need to be," she said. The city strategy has focused on high-density residential development "where nearly everyone owns a car." Proposed feeder bus service to enhance MAX "never materialized. Dealers are part of the past and, like it or not, part of the present. Someday this will be pedestrian-oriented. Right now it is not."
Mark Whitlow, representing Safeway, had a tougher time than Tonkin. He apologized for bringing the request to be allowed to install gas pumps at the last minute to the last Planning Commission hearing. "We saw this as our last chance to remove this prohibition," he said. "The store has no immediate plans to install pumps at 122nd, but wants to keep the option open. If a proposal were in the works, we would have been there from the beginning," he said. He argued that having pumps at the market would cut down on the amount of driving people have to do.
Zehnder told the council, "A gas station is a gas station as far as the code is concerned, and they're not allowed in pedestrian districts. If they're allowed here, it creates an equity issue for other businesses."
Leonard said he would support the idea if the products dispensed included bio-diesel fuel. Mayor Tom Potter said dryly, "Normally we don't make decisions like this." He at first suggested that Safeway begin working with the Planning Bureau staff. However, Zehnder warned that it could take years before they had another opportunity to amend the code in this area.
"As a concept matter, I agree with you, Mayor," said Zehnder. "But we can have minor amendments. This doesn't seem inconsistent with what we're doing, and I wouldn't mind hearing testimony."
Robinson argued against the idea, calling it a "bad precedent that would undermine the goal of keeping the area pedestrian oriented."
In supporting Leonard's amendments, Sten said, "We're down to a few pieces. At this point I'll err on the side of making this work."
On Wednesday, August 2 at 2 p.m., Council will address a limited number of issues. They will consider the CM-CXD zone change, gas pumps at Safeway, and a code clarification requested by representatives regarding non-conforming uses.
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